Dadhi Brahma vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3063 Gua

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GAHC010155722021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/5156/2021

         DADHI BRAHMA
         S/O LATE DAULOTSING BRAHMA
         VILLAGE DOLAIGAON (UJANPARA) PO AND DIST BONGAIGAON, B.T.R
         ASSAM, 783380



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI 781006

         2:THE BODOLAND TERRITORIAL COUNCIL
          REPRESENTED BY THE PRINCIPAL SECRETARY
          BODOFA NWGWR
          KOKRAJHAR
          BTR
         ASSAM
          783370

         3:THE SECRETARY
          BODOLAND TERRRITORIAL COUNCIL
          BODOFA NWGWR
          KOKRAJHAR
          BTR
         ASSAM
          783370

         4:THE ADDITIONAL CHIEF ENGINEER

          PUBLIC WORKS DEPARTMENT
          BODOLAND TERRRITORIAL COUNCIL
          BODOFA NWGWR
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              KOKRAJHAR
              BTR
              ASSAM
              783370

              5:THE EXECUTIVE ENGINEER

              PUBLIC WORKS DEPARTMENT
              CHIRANG (R AND B) DIVISION
              KAJALGAON
              ASSAM
              78337

Advocate for the Petitioner      : J U AHMED

Advocate for the Respondent : SC, PWD




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                                ORDER

24.11.2021

Heard Mr. J.U. Ahmed, learned counsel for the petitioner; Mr. B. Choudhury, learned Standing Counsel, Public Works Department for the respondent no. 1; and Ms. R.B. Bora, learned Standing Counsel, BTC for the respondent nos. 2 - 5.

The subject-matter in this writ petition is execution of a contract work viz. "Repairing, widening and strengthening of road from Subhaijhar to Bengtol Kumguri via Bengtol under BTC area for 2015- 2016 [Ch. 0.00m to Ch. 2000m]" ['the Contract-Work'] and non-disbursal of an amount of Rs. 54,37,011/- in favour of the petitioner which the petitioner has claimed to be due from the authorities in the BTC. The case projected by the petitioner in this writ petition is that administrative approval for an estimated cost not exceeding Rs. 99,95,000/- for execution of the Contract-Work was accorded vide an order dated 06.01.2016 [Annexure-A to the writ petition]. The technical sanction for the Contract-Work for the same was accorded by an order dated 11.01.2016 [Annexure-B to the writ petition]. A tender notice was published thereafter and the number of bidders including the petitioner, submitted their bids. After evaluation of the bids, the respondent no. 4 issued a formal work order dated 04.02.2016 in favour of the petitioner to execute the Contract-Work at an amount of Rs. 99,94,969/- [Annexure-D to Page No.# 3/5

the writ petition]. The petitioner has asserted that he proceeded to execute Contract-Work as per the specifications, drawings and agreement and completed the same on 20.06.2017. The authorities in the respondent BTC physically verified the Contract-Work and found that the Contract-Work had been completed as per the specifications, drawings, and agreement. In that connection, the respondent no. 5 had issued a completion certificate dated 20.02.2019 [Annexure-D to the writ petition]. After completion of the Contract-Work, the petitioner submitted his final bill amounting to Rs. 99,93,371/- and out of the said amount, an amount of Rs. 45,56,360/- had already been released in his favour. But an amount of Rs. 54,37,011/- has remained outstanding which fact is evident from the proforma bill signed by the respondent no. 5 [Annexure-F to the writ petition]. As per the said proforma bill, the total amount remained outstanding is shown as Rs. 54,37,011/-. As the said amount has not been disbursed till date, the petitioner has approached this court by this writ petition seeking a direction to the respondent authorities to disburse the said amount.

Ms. Bora, learned Standing Counsel, BTC has submitted that though from the documents annexed to this writ petition it is prima facie reflected that the petitioner had completed the Contract- Work and a part of the final bill amount has been released but still there is requirement for verification of the matter. It is submitted that a decision has been taken by the respondent BTC authorities to examine all the pending claims relating to contract works and to that effect, the respondent no. 2 has passed an order on 15.11.2021. As per the said order, the respondent BTC authorities have undertaken to examine all the cases relating to outstanding liabilities within a period of 6 [six] months from the date of issuance of the said order. Ms. Bora has placed a copy of the said order before this Court.

The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the 15th November, 2021 reads as under :-

" ORDER

WHEREAS it has been noticed that huge number of outstanding liabilities have been created by the erstwhile BTAD authority since 2011 to February, 2020 through contractual work orders to the Contractors/Suppliers, etc. under various entrusted departments of BTC without corresponding budget provisions

WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are required to undergo detail examination and verification in the context of proposals of such works made, NIT, selection of successful bidders, quality of works, Page No.# 4/5

completion of works, fund position, part payment, etc.

WHEREAS it is further noticed that a good number of court cases have been filed before the Hon'ble Gauhati High Court as well as in the District Courts of respective District Jurisdictions under BTAD by the Contractors/Suppliers, etc. praying for release of payments to the Contractors/Suppliers, etc. against their respective work orders

WHEREAS, reportedly, out of the aforesaid contractual works, some part payments also made against portion of works completed by the Contractors/Suppliers, etc. by the erstwhile BTAD authority in certain cases. However, such fund flow does not follow any rationale and is found to be arbitrant

AND THEREFORE, in view of the above facts and circumstances, the BTC has decided to verify all such works by conducting comprehensive audit, financial verification and physical verification wherever applicable, against all such contractual works in the Govt. level and further to complete the whole exercise in this regard within 6 (six) months from the date of issue of this order. After verifying the same, if it is found that the claims are admissible after following all established financial norms, the same shall be processed in accordance with law and as per decision contained in Tamsher Ali and others vs. State of Assam and others reported in 2008 (4) GLT 1 accordingly. Furthermore, if instances of wrongdoing or misappropriation are found during such comprehensive audit, financial verification and physical verification wherever applicable, appropriate legal action would be taken against the persons/agencies/firms concerned in accordance with the applicable laws.

This order shall come into force with immediate effect."

Mr. Ahmed, learned counsel for the petitioner having gone through the said order, has submitted that the process regarding payment of the outstanding dues to the petitioner shall be completed within the stipulated time period as mentioned in the said order.

Having considered the contents of the said order dated 15.11.2021 and the decision of the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008 [4] GLT 1 [FB] and similar other 194 writ Page No.# 5/5

petitions, it is considered appropriate that the respondent authorities in the respondent BTC shall undertake the exercise in terms of the said order dated 15.11.2021 in respect of the claims of the petitioner also and complete the exercise within the time frame mentioned in the order. If after such exercise, the petitioner is found entitled to the amount of Rs. 54,37,011/- or any other amount, the same shall be released in favour of the petitioner forthwith thereafter.

The petitioner shall submit a certified copy of this order to the Additional Chief Engineer, Public Works Department, Bodoland Territorial Council, Kokrajhar for his doing the needful.

The writ petition stands disposed of in terms of the above observation and direction.

JUDGE

Comparing Assistant